Extracted from publication Rivista della Cooperazione Giuridica Internazionale
Il ricorso per responsabilità nei confronti dell’Unione europea: il difficile riconoscimento della responsabilità extra-contrattuale nella recente giurisprudenza della Corte di giustizia
DOI: 10.53136/97912218165493
Pages: 46-54
Publication date: January 2025
Publisher: Aracne
An action for damages against the European Union (EU) may be brought by any person who considers that the EU has incurred non-contractual liability. In particular, the Court of Justice can be directly appealed for the purpose of establish-ing the EU’S liability and obtaining compensation for damage caused by unlawful acts and conduct committed by the Institutions or bodies or by their servants in the performance of their duties. This type of action, as is well known, is not typical only of EU Law, as most legal systems - both of States and International Organizations - provide for the liability of public administrations for damage done to individuals. As for the , this set of rules is codified by the Treaties in a few and vague regulatory provisions, that basically refer to the «general principles common to the laws of the Member States» (Article 340, TFEU). Given the significant differences between the national regulatory systems in the Member States in this matter, as well as the mentioned haziness and brevity of the normative provisions of the EU Treaties, a central role has been played, over time, by the CJEU. In its even recent jurisprudence, however, a difficult recognition of the EU Liability can be noticed, as will be analysed in this paper.